Court of Appeal reversed murder and affirmed attempted murder. Trial court erred in refusing to instruct jury on lesser included offense of attempted murder where there was substantial evidence that appellant may not have aided actual shooter or knew that the person he aided was acting in concert with the shooter. The trial court also erred by simply directing the jury back to the already-given instructions after the jury asked if it mattered who fired the fatal shot where there was substantial evidence appellant did not aid person who fired fatal shot.
^